Article 1 These Measures are formulated in accordance with the provisions of the Bidding Law of People's Republic of China (PRC) and other relevant laws, regulations and rules, combined with the actual situation of this Municipality, in order to further standardize the bidding and evaluation activities of housing construction and municipal infrastructure projects in this Municipality, strengthen the construction of industry integrity, ensure the quality and safety of projects, and improve the investment benefit of construction funds.
Article 2 These Measures shall apply to the bidding and evaluation activities of housing construction and municipal infrastructure projects (hereinafter referred to as construction projects) that must be subject to bidding according to law within the urban area of this Municipality (excluding Yiling District, the same below).
(a) the term "housing construction project" as mentioned in these Measures refers to all kinds of housing construction and its ancillary facilities and supporting lines, pipelines, equipment installation projects and indoor and outdoor decoration projects.
(2) The term "municipal infrastructure projects" as mentioned in these Measures refers to the civil works, pipelines and equipment installation works of urban roads, public transportation, water supply, drainage, gas, heat, gardens, sanitation, sewage treatment, garbage disposal, flood control, underground public facilities and their ancillary facilities.
Article 3 When conducting bidding activities for construction projects in accordance with these Measures, the tenderee shall take the credit information of bidders as one of the bidding conditions, and put forward reasonable requirements for the credit rating of bidders in the bidding documents. For government-invested and state-owned capital-invested construction projects, enterprises with credit rating above Grade B shall be selected to participate in bidding.
Article 4 The tenderee shall prepare the tender control price according to the design and construction drawings according to the relevant valuation basis and methods promulgated by the national, provincial, municipal or industrial construction authorities. The tender control price shall be published with the tender documents as the highest tender price limit.
Article 5 A tenderer shall, in accordance with the provisions of these Measures and in combination with the scale, technical complexity and construction difficulty of the project subject to tender, specify the specific bid evaluation criteria and methods in the tender documents. These include:
(1) If the comprehensive evaluation method is adopted, the bid of the winning bidder shall meet the substantive requirements of the tender documents, and the comprehensive evaluation scores such as integrity evaluation, bid quotation and construction scheme are the highest. The tenderer shall, in combination with the actual situation of the project, set reasonable comprehensive evaluation criteria in the tender documents.
(2) If the evaluated reasonable low price method is adopted, the bid of the winning bidder shall meet the substantive requirements of the tender documents, and the evaluated bid price is the lowest, except that the bid price is lower than the cost.
Article 6 The bid evaluation activities shall follow the principle of "fairness, impartiality, scientificity and merit-based", based on the information in Yichang Construction Industry Comprehensive Supervision System, and be conducted in sequence according to the bid evaluation methods and procedures specified in the tender documents. Generally according to the following procedures:
(1) bid evaluation preparation;
(2) Preliminary examination of bid documents;
(3) Detailed examination of bidding documents;
(4) Recommend the successful candidate.
In the process of bid evaluation, the bid evaluation standards and methods specified in the tender documents shall not be changed at will, and the bid evaluation standards and methods not specified in the tender documents shall not be used as the basis for bid evaluation. Otherwise, the bid evaluation result is invalid.
Article 7 Members of the bid evaluation committee and personnel participating in bid evaluation activities shall not disclose the evaluation and comparison of bid documents, the recommendation of successful candidates and other information related to bid evaluation.
Chapter II Preparation for Bid Evaluation
Article 8 The bid evaluation committee shall be established by the tenderer according to law. For bidding construction projects that need detailed review of the construction scheme, the construction scheme and commercial bid can be reviewed in groups.
Article 9 Members of the bid evaluation committee shall know the general situation of the bidding project and the contents of the bidding documents before the bid evaluation. The tenderee or its entrusted tendering agency shall provide important information and relevant data to the bid evaluation committee, mainly including:
(1) bidding documents;
(2) Bidding documents that were not rejected on the spot at the bid opening meeting;
(3) minutes of the bid opening meeting;
(four) the tender control price (including the preparation of instructions and the main construction plans that affect the project cost, etc.). );
(five) according to the provisions of these measures and the tender documents, formulate various forms required for the evaluation work.
Article 10 The bid evaluation committee shall, on the premise of not changing the substantive contents of the bid documents, make arithmetic error correction, inspection, comparison, screening and inventory of the bid documents item by item according to the preliminary evaluation and detailed evaluation contents stipulated in the bid evaluation methods of the tender documents (hereinafter referred to as "clearing the bid"). The bid clearing work is generally completed by the bid evaluation committee with the help of computer-aided bid clearing (bid evaluation) system, which mainly includes the following contents:
(1) Conformity of bill of quantities, including project code, project name, project characteristics, unit of measurement and project quantity;
(2) Non-competitive projects are not calculated according to the provisions of the tender documents, including safety and civilized construction measures, fees, taxes, provisional amount of the tenderee, temporary evaluation of professional projects, temporary evaluation of materials, etc. ;
(3) projects with negative quotations;
(4) Arithmetic calculation errors in the tender offer;
(five) there is a serious imbalance in the quotation of the project or there are false reports, omissions and repeated quotations;
(six) the main project list in the construction plan is not feasible or the technical measures for project quotation are seriously divorced from the actual project;
(seven) other problems found in the tender.
Article 11 If any of the following circumstances is found in the process of bid evaluation, it shall be deemed that the bidders collude with each other and their bid documents shall be invalid after being examined and confirmed by more than half of the members of the bid evaluation committee:
(a) the bidding documents of different bidders are compiled by the same unit or individual;
(two) different bidders entrust the same unit or individual to handle the tender matters;
(three) the project management members specified in the bidding documents of different bidders are the same person;
(four) the bidding documents of different bidders are unusually consistent or there are regular differences in bidding quotations;
(5) The bidding documents of different bidders are confused with each other;
(six) the bid bond of different bidders is transferred from the account of the same unit or individual;
(seven) other collusive acts identified by the bid evaluation committee.
Article 12 The bid evaluation committee shall form a written bid clearing report after the bid clearing work is completed. There shall be no judgments or speculative conclusions that violate the principles of fairness and justice in the report on clearing the bid. Its main contents generally include:
(a) the tender offer and its arithmetic error verification;
(two) the verification of collusion between bidders;
(3) Verification of the contents of formal examination;
(4) Verification of qualification information;
(5) Verification of the contents of the responsive review;
(six) the integrity evaluation of bidders and the verification of project management personnel;
(7) Suggest asking questions.
Chapter III Preliminary Evaluation of Bidding Documents
Article 13 The preliminary evaluation of bid documents includes formal evaluation, qualification evaluation, responsiveness evaluation, clarification or correction, etc. The bid evaluation committee conducts bid evaluation in turn according to the information in Yichang's comprehensive supervision system for construction industry, the bid clearing report and the bidding documents. If the bidder's bid documents are deemed unqualified or invalid, their bid documents will not enter the next stage of review, nor will they enter the detailed review stage of bid documents.
Fourteenth formal review refers to the bid evaluation committee to review whether the submission, sealing and signing of the bid documents meet the requirements of the tender documents; If the bidding documents require bidders to submit original materials or electronic bidding documents, whether the original materials or electronic bidding documents are consistent with the information in the comprehensive supervision system of Yichang construction industry at the bidding deadline. Do not meet the requirements of formal review, the bid documents will be invalid. The main contents of formal review shall include:
(a) whether the bidding documents have the seal of the tendering unit and the signature of the person in charge of the unit; There are regulations on the preparation and binding of the construction scheme (technical standard), and whether it meets the specified requirements;
(two) whether the electronic tender offer is submitted in accordance with the requirements of the tender documents; Whether the paper version of the tender offer is stamped with the official seal of the preparation unit and the signature and seal of the registered cost practitioner;
(3) Whether the bidder's personnel attending the bid opening meeting meet the requirements of the tender documents;
(4) Whether the bidder's business license, qualification certificate, safety production license and filing certificate (except those not required in the tender documents) are valid or consistent with the information in Yichang Construction Industry Comprehensive Supervision System;
(5) Whether the information of the bidder and the personnel of the project management organization to be dispatched are consistent with the information in the comprehensive supervision system of Yichang construction industry.
Fifteenth projects that adopt post-qualification examination must specify the qualification examination conditions in the bidding documents. If the bidder fails to prove that it meets or meets the requirements specified in the bidding documents, its bidding documents will be invalidated. The qualification content generally includes:
(a) whether the enterprise qualification grade and category meet the requirements of the tender announcement and tender documents;
(two) whether the enterprise credit evaluation information conforms to the provisions of the tender documents (subject to the information disclosed by the municipal construction administrative department at the deadline for bidding);
(three) whether the qualification, category and performance of the proposed construction engineer (project manager) meet the requirements of the tender announcement and tender documents;
(four) whether the performance of similar projects of the enterprise meets the requirements of the tender documents;
(5) Whether the financial status of the enterprise conforms to the provisions of the tender documents;
(6) If two or more legal persons or other organizations form a consortium (hereinafter referred to as the consortium) to bid, whether the relevant conditions of each member unit of the consortium meet the requirements of the tender announcement and tender documents, whether the parties to the consortium have signed a * * agreement with the tenderer, and whether the responsibilities of each party with the tenderer in the * * agreement are clear;
(seven) whether the machinery and equipment to be used in this bidding project can meet the requirements of the bidding documents;
(eight) whether the qualifications and performance of the project management personnel to be invested meet the requirements of the tender announcement and tender documents;
(nine) the enterprise has not provided design or consulting services for the preliminary preparation of this project subject to tender, except for the general contracting of design and construction;
(10) The enterprise is not the same legal representative as the agent, tendering agency and supervision agency of this project subject to tender;
(eleven) the enterprise and the agents, bidding agencies and supervisors of this project subject to tender do not hold shares or share in each other, and do not hold positions or work in each other;
(twelve) the enterprise is not in a state of being ordered to suspend business, cancel the bidding qualification or the property is taken over, frozen or bankrupt;
(13) Except for force majeure, there has been no termination of the contract in the past year because the enterprise gave up the bid or failed to sign the contract with the tenderer as required, and the enterprise was unable to perform the contract;
(14) In the process of bid evaluation, the bid evaluation committee found whether the bidder had any fraud and other behaviors in this bid.
Article 16 Responsiveness evaluation refers to the evaluation by the bid evaluation committee on whether the bidding documents substantially respond to the requirements of the bidding documents. In case of any of the following circumstances, the bid documents shall be deemed to have failed to make a substantial response to the tender documents, and their bid documents will be invalidated:
(a) failing to provide bid bond or guarantee in accordance with the requirements of the tender documents;
(2) Failing to fill in the prescribed format, the contents are incomplete or the key contents are difficult to identify, resulting in the bid documents not responding to the requirements of the tender documents in essence, or unable to review the substantive contents of the bid documents;
(3) The time limit for a project, quality, safety and civilized construction commitments and economic punishment measures specified in the tender documents do not meet the requirements of the tender documents;
(4) The tender documents contain conditions unacceptable to the tenderee, or cause significant restrictions on the rights of the tenderee and the obligations of the bidder as stipulated in the contract;
(5) The bidder submits two or more bid documents with different contents, or submits two or more quotations for the same project subject to tender in one bid document, without stating which quotation is valid;
(six) the total bid price is higher than the tender control price;
(seven) to change the project code, project name, project characteristics, project quantity and measurement unit of the bill of quantities provided by the tenderer and have an impact on the valuation;
(eight) any rate in the tender offer is negative or negative;
(nine) the safety and civilized construction measures, fees and taxes in the tender offer are not calculated according to the prescribed standards;
(ten) in the tender offer, the temporary valuation of materials and the temporary amount of professional engineering are not calculated according to the standards stipulated in the tender documents;
(eleven) does not meet other substantive requirements stipulated in the tender documents.
Article 17 The bid evaluation committee shall require the bidder to clarify, explain or correct the matters in the bidding documents that are determined to be substantially responsive to the requirements of the bidding documents, such as ambiguous meanings, inconsistent expressions of similar problems or obvious errors in words and arithmetic, but shall not ask the bidder suggestive or leading questions, nor shall it clarify omissions and errors in the bidding documents.
Article 18 A bidder shall clarify, explain or make corrections to his bid documents in written form, and shall not go beyond the scope of his bid documents or change the substantive contents of his bid documents.
If a bidder refuses to clarify, explain or correct the bidding documents as required, the bid evaluation committee may make an unfavorable evaluation of the bidder or declare his bidding documents invalid in the detailed evaluation according to the provisions of the bidding documents.
Article 19 If there is any calculation error in the tender offer, unless otherwise stipulated in the tender documents, the following principles shall generally be adopted for correction:
(a) when the product of the comprehensive unit price and the bill of quantities is inconsistent with the total price, the comprehensive unit price shall prevail;
(two) the comprehensive unit price has obvious decimal point dislocation, the combined price shall prevail, and the comprehensive unit price shall be revised;
(3) If the comprehensive unit price in the partial bill of quantities valuation table is inconsistent with that in the comprehensive unit price analysis table, the latter shall prevail and the former shall be modified;
(4) If the unit price of materials constituting the comprehensive unit price is inconsistent with the unit price in the main material price list in the tender offer, the unit price in the main material price list in the tender offer shall prevail, and the corresponding comprehensive unit price and total price shall be modified;
(five) when the total price and amount are wrong, they can be corrected cumulatively;
(6) If the amount expressed in figures is inconsistent with the amount expressed in words, the amount expressed in words shall prevail;
(seven) there are missing items in the tender offer, then the missing items are deemed to have been allocated to other projects and will not be modified.
Article 20 The tender offer shall be revised according to the provisions of the tender documents and confirmed by the bidder before it can be used as the basis for detailed review of the tender documents, but the revised offer shall not be used to change the total bid price indicated in the bidder's tender letter.
If the bidder does not accept the revised quotation, its bid documents will be rejected and its bid bond or bid guarantee will be confiscated. If the absolute error after arithmetic error correction exceeds 1% of the total bid price, the bid document is invalid.
Article 21 The bid evaluation committee may require the technical person in charge of the bidder or the project person in charge and the tender quotation preparer to reply on the professional technology and quotation preparation issues involved in the tender documents, but the reply shall be made in the form of not meeting each other.
Twenty-second the bid evaluation committee shall, according to the report of clearing the bid, analyze and judge the rationality of the composition of the bid quotation in the order of the effective bid price from low to high. In any of the following circumstances, the project voted by more than half of the judges shall be regarded as unreasonable quotation, and shall be quantitatively evaluated in the detailed evaluation stage according to the method specified in the tender documents:
(a) the quotation of the main list items constituting the engineering structure entity is under any of the following circumstances:
1, when the calculation rules and units of measurement of bill of quantities are completely consistent with those of fixed quantities, the priced quantities in its comprehensive unit price composition are less than those in the project list;
2, artificial, mechanical machine-team consumption is not calculated according to the current consumption quota or the main material consumption is lower than the net consumption of physical engineering, and can't explain reasonable reasons;
3. The unit price of working days is lower than the local minimum wage standard;
4, the main material price, mechanical machine-team price and the information price or bidding control price released by the construction project cost management institution where the project is located are seriously deviated, and reasonable reasons cannot be explained;
5. The comprehensive unit price of the listed items seriously deviates from the comprehensive unit price specified in the tender control price disclosed in the tender documents due to the omission or increase of the project content in the quotation composition, and the reasonable reasons cannot be explained.
(two) one of the following circumstances in the quotation of technical measures:
1, the scheme adopted in the composition of the tender offer is inconsistent with or not feasible with the construction scheme adopted in the tender documents;
2. There are serious omissions or the quotation level seriously deviates from the actual project;
3. The quotation of the project with additional measures is duplicate with the measures provided by the tenderer.
(three) any of the following circumstances in the quotation of other projects:
1, the bidder increases the quotation of other projects;
2, the tender documents are not clear about the temporary evaluation of professional projects, temporary evaluation materials and their cooperation contents, and the bidder shall report the general contracting service fee.
Article 23 The bid evaluation committee shall vote in accordance with the principle that the minority is subordinate to the majority in the bid evaluation process.
The bid evaluation committee shall not regard the bid documents as invalid or invalid except in the case of invalid or invalid bids specified in laws, regulations, rules and bidding documents.
Chapter IV Detailed Examination of Bidding Documents
Twenty-fourth detailed review of bidding documents generally includes construction drawing review, bidder integrity evaluation, bidding quotation review, etc. The bid evaluation committee shall conduct evaluation in turn in accordance with the bid evaluation rules stipulated in the tender documents.
Twenty-fifth a tenderer shall, according to the technical complexity of the project subject to tender or the difficulty of construction organization, specify the detailed bid evaluation contents and methods of the construction plan in the tender documents. These include:
(a) the construction drawing has not been reviewed, and the construction drawing is regarded as an integral part of the tender documents;
(2) If the qualification system is adopted for bid evaluation, if the bid evaluation conclusion is unqualified, the bid documents will be invalidated.
(3) If quantitative evaluation is adopted, the Bid Evaluation Committee will conduct independent evaluation and quantitative evaluation on its construction scheme, and its score will be included in the detailed evaluation score of the bidding documents.
Twenty-sixth bidders' integrity evaluation generally includes two parts: the enterprise integrity evaluation and the proposed project manager integrity evaluation. The tenderer shall reasonably set enterprise credit rating requirements or quantitative scoring rules in the bidding documents. These include:
(a) the requirements for setting the credit rating of an enterprise, and the number of potential bidders must meet the requirements of relevant regulations;
(II) If quantitative evaluation is adopted, the enterprise credit evaluation score is evaluated on the basis of the enterprise credit score disclosed by the municipal construction administrative department at the bidding deadline, and the credit evaluation of the project management personnel to be dispatched is evaluated on the basis of the employee credit evaluation information disclosed by the municipal construction administrative department at the bidding deadline or the evaluation criteria specified in the bidding documents.
Article 27 Where evaluation parameters are set in the detailed evaluation of tender offer, the tenderee shall specify the value range and determination method of each evaluation parameter in the tender documents, but shall not maliciously depress or raise the project cost by setting unreasonable evaluation parameters. The tenderer may choose one of the following methods to determine the bid evaluation parameters and specify them in the tender documents:
(1) At the bid opening site, randomly select alternative schemes (not less than 3 groups) with different price levels provided by the tenderer, and publish them as bid evaluation parameters;
(2) The tenderer selects one bid evaluation parameter from the bid evaluation parameters set in the tender documents to determine only its extraction range, and determines the values of other bid evaluation parameters, which are sealed and delivered to the bid opening site and announced on the spot, and randomly selected from the bid evaluation parameters published on the site to determine their values.
Article 28 According to the provisions of these Measures, the listed items (including technical measures and other items in the list) judged by the bid evaluation committee as unreasonable quotations shall be deducted quantitatively according to the weight of the total price of listed items in the total bid price. The tenderee may choose one of the following methods for handling, but it shall be specified in the tender documents:
(1) Deduction points are included in the detailed evaluation score of bidding documents;
(2) When the accumulated penalty points exceed a certain range, the bid documents will be invalidated.
Twenty-ninth evaluation of the total bid price should be based on the lowest bid price in the effective competitive bidding quotation. Effective competitive quotation is based on the published tender control price, effective tender quotation and bid evaluation parameters, and is determined according to the method specified in the tender documents.
Thirtieth when the construction scheme evaluation, bidder integrity evaluation, bidding quotation evaluation adopts quantitative evaluation method, the tenderer shall specify the evaluation content score and calculation method in detail in the tender documents. These include:
(a) the weight of the construction plan review score should be controlled within the range of 5% ~ 15% of the total score of the tender document review;
(two) the weight of the bidder's credit evaluation score is generally not more than 5% of the total score of the tender documents.
Chapter V Recommendation of Candidates Winning the Bid
Article 31 After completing the detailed evaluation, the bid evaluation committee shall submit a written bid evaluation report (including a written bid evaluation report) to the tenderer, and clarify the evaluation and comparison opinions of the bid evaluation committee on each bid document.
Article 32 The bid evaluation committee shall, in accordance with the bid evaluation method determined in the tender documents and the ranking of bid evaluation results, recommend one to three top bidders as candidates for winning the bid.
Article 33 After the bid evaluation committee rejects unqualified bids or determines them as invalid bids according to regulations, the bid evaluation committee may reject all bids because there are less than three valid bids and there is obvious lack of competition. If all bids are rejected, the tenderer shall re-invite bids according to law.
If the bid invitation fails due to the rejection of all bids by the bid evaluation committee, the tenderer will not compensate the bidder for the bid fee.
Chapter VI Calibration
Article 34 If the business, technology, financial status, performance ability and credit of the candidate winning the bid have undergone major changes or have violated the law, the tenderer shall, before issuing the bid-winning notice, conduct evaluation and confirmation according to the standards and methods stipulated in the tender documents.
Article 35 If a tenderer finds any of the following circumstances in the process of examination and confirmation, he may, after reporting to the relevant administrative department for the record, disqualify the candidate winning the bid according to law:
(a) whether there is fraud to defraud the bid;
(two) the qualification documents provided are inconsistent with the actual situation;
(3) The identities of the bidders and members of the project department are verified as non-bidders;
(four) the construction capacity can not meet the needs of this project or fulfill the bidding commitment.
Article 36 A tenderer shall determine the winning bidder according to the written bid evaluation report put forward by the bid evaluation committee, the recommended candidates for winning the bid and the audited confirmation. The tenderer shall, within 0.5 days after determining the winning bidder, submit a written report on the construction bidding to the municipal administrative department of housing and urban and rural construction.
Article 37 If the municipal administrative department of housing and urban and rural construction fails to inform the tenderer of the illegal activities in the bidding activities within the bid-winning publicity period after receiving the written report, the tenderer may issue a bid-winning notice to the winning bidder after the bid-winning publicity period expires, and notify all bidders who have not won the bid at the same time. The bid-winning notice will become an integral part of the construction contract.
Chapter VII Supplementary Provisions
Thirty-eighth counties (including Yiling District) construction project bidding and bid evaluation activities, can be implemented with reference to these measures.
Article 39 These Measures shall come into force as of the date of promulgation.
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